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| Stifel Financial Corporation : Auction Rate Securities Summary: The original complaint alleges that Stifel Financial Corp. and its subsidiary Stifel, Nicolaus & Company, Inc. violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by deceiving investors about the investment characteristics of auction-rate securities and the auction market in which the securities are traded. Auction-rate securities are municipal or corporate debt securities or preferred stocks that pay interest at rates set through periodic auctions. The instruments typically have long-term maturity dates or no maturity date. The suit, filed on August 8, claims that, pursuant to uniform sales materials and top-down management directives, Stifel Financial Corp. offered and sold auction-rate securities to the public as highly liquid cash-management instruments and as suitable alternatives to money market mutual funds. On Feb. 13, 2008, all of the major broker-dealers, including Stifel Financial Corp., withdrew their support for the auctions. The suit claims that, as a result, investors have been unable to liquidate their auction-rate securities. The lawsuit alleges that Stifel Financial Corp. failed to disclose the following material facts about the auction-rate securities it sold to the class: 1) The auction-rate securities were not cash alternatives like money market funds but were instead complex long-term financial instruments with 30-year maturity dates; 2) The auction-rate securities were only liquid at the time of the sale because Stifel Financial Corp and other broker-dealers were artificially supporting and manipulating the market to maintain the appearance of liquidity and stability; 3) Stifel Financial Corp and other broker-dealers routinely intervened in the auctions for their own benefit to set rates and to prevent all-hold auctions and failed auctions, and; 4) Stifel Financial Corp. continued to market auction-rate securities as liquid investments even after Stifel Financial Corp. and other broker-dealers determined that they would likely be withdrawing support for the periodic auctions and that a freeze of the auction rate securities market would result. On November 17, 2008, the Court appointed The Stifel Group as Lead Plaintiff and approved their selection of Carey & Danis, LLC and Stueve Siegel Hanson, LLP as Co-Lead Counsel. On January 9, 2009, the lead plaintiffs filed a First Amended Class Action Complaint. On March 10, 2009, the defendants responded by filing a motion to dismiss the First Amended Class Action Complaint. On November 16, 2009, the lead plaintiff filed a Second Amended Class Action Complaint. The pending motion to dismiss the First Amended Class Action Complaint has been denied as moot. INDUSTRY CLASSIFICATION: SIC Code: 6211 Sector: Financial Industry: Investment Services
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